Each officer serving any process shall endorse thereon the items of his fees, with the number of miles traveled by him. If any officer demands and receives on any civil process more than his legal fees, he shall pay threefold the amount of all the fees demanded to the defendant in the action in which the illegal fees were exacted, if such fees have been paid by the defendant, otherwise to the plaintiff in such action. The provisions of this section shall not apply to any case in which the fees claimed to be illegal have been taxed and allowed by the proper authority.
(1949 Rev., S. 7789; P.A. 82-160, S. 25.)
History: P.A. 82-160 made a minor technical change.
See Sec. 52-356a(e) re statement of levying officer's fees before return of satisfied or partially satisfied execution.
This is a penal statute and inapplicable to criminal proceedings. 23 C. 240. When officer not limited to statutory fees. 54 C. 5. Under statute prior to revision, defendant in the original action could not sue the officer. 74 C. 241.
Structure Connecticut General Statutes
Chapter 896 - Civil Process, Service and Time for Return
Section 52-45b. (Formerly Sec. 52-90). - Forms for commencement of civil action.
Section 52-46. - Time for service.
Section 52-46a. - Return of process.
Section 52-48. - Return day of process.
Section 52-50. - Persons to whom process shall be directed.
Section 52-51. - Service by officer before giving bond.
Section 52-52. - Orders of notice of legal or judicial proceedings.
Section 52-53. - State marshal may make special deputation.
Section 52-54. - Service of summons.
Section 52-55. - When completion of service by another officer allowable.
Section 52-56. - Service of process outside of officer's precinct.
Section 52-59c. - Service upon nonresident attaching creditor.
Section 52-60. - Judge of probate as attorney for nonresident fiduciary. Service of process.
Section 52-61. - Service upon nonresident fiduciaries.
Section 52-62. - Service upon nonresident in action for negligent operation of motor vehicle.
Section 52-64. - Service in action against state.
Section 52-65. - Service upon nonresident in a quo warranto case.
Section 52-66. - Execution of process by borough bailiffs.
Section 52-67. - Service in actions on joint contracts.
Section 52-69. - Notice to “representatives and creditors”, “widow” or “widower and heirs”.
Section 52-70. - Endorsement on process for fees. Penalty for exacting illegal fees.
Section 52-71. - Process void if issued or served on Sunday.